HomeMy WebLinkAboutNC0025381_NOVNOI2022LV0682_20220928
Certified Mail # 7021 2720 0000 1259 3807
Return Receipt Requested
September 28, 2022
Hank Perkins, Town Manager
Town of Lake Lure
PO Box 255
Lake Lure, NC 28746-0255
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
EMC-SOC-WQ-S20-004
Tracking Number: NOV-2022-LV-0682
Permit No. NC0025381
Lake Lure WWTP
Rutherford County
Dear Permittee:
On April 26, 2022, the Environmental Management Commission entered into the subject Special Order by Consent
(SOC) whereby the subject WWTP was granted relaxed effluent limitations from those imposed by the NPDES
Permit, in exchange for Lake Lure’s commitment to a schedule of wastewater treatment plant improvements that
will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the
assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met.
A review of the August 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________
001 Effluent BOD, 5-Day (20 Deg. C) - 8/20/2022 90 91.33 Weekly Average Exceeded - SOC
Concentration (CO310) _________________________________________________________________________________________________________________________________________________________________________
001 Effluent Nitrogen, Ammonia Total (as 8/31/2022 5.2 9.56 Monthly Average Exceeded
N) - Concentration (CO610) _________________________________________________________________________________________________________________________________________________________________________
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Relating to the BOD Violation – SOC:
You are directed to take any immediate remedial actions necessary to correct the problems that have led to this
violation. Section III of the SOC stipulates penalties for noncompliance with any modified limits contained in the
SOC. Section IV of the SOC lists certain conditions under which the stipulated penalties are not due.
If you have information that will establish, to the satisfaction of the Division of Water Resources, that the
conditions set forth in Section IV have been met, you must submit this information in writing (email is acceptable)
to the Asheville Regional Office within ten (10) days after receipt of this notice. If the Division is not satisfied that
the conditions set forth in Section IV have been met, this Office will proceed with assessment of stipulated
penalties as provided in the SOC.
Relating to the Ammonia Violation:
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility’s NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Lauren Armeni of the Asheville Regional Office at
828-296-4667.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: Laserfiche
DocuSign Envelope ID: BAACB499-4A2F-40E1-9B64-ECD47832E967